What is the residency requirement for adoption in Mississippi?

Mississippi's residency requirement for adoption is 6 months, set out in Miss. Code § 93-17-3. If you have recently moved to Mississippi, check where you stand against that 6-month period before you file.

What the 6-month rule means for you

• The period is 6 months, and the statute that sets it is Miss. Code § 93-17-3.
• Exactly whose residency counts, and how the clerk measures the start date (for example, when you established your home versus when you changed your driver's license), can depend on your situation. The Chancery Court clerk in your county can confirm how it is applied.
• If you moved recently, it is usually best to ask the clerk before you prepare or file anything, so you don't pay a filing fee too early.

Where you file

Adoptions in Mississippi are filed in Chancery Court, and the state has 82 counties. The petition is generally filed in the chancery court of the county where the petitioner or the person being adopted lives, though other venues are also listed in the statute. Your county's clerk's office can tell you which court is right for your family and how it likes paperwork submitted.

Adult adoptions

Adult adoption is permitted in Mississippi. The 6-month residence language in Miss. Code § 93-17-3 is written with a minor in mind, so if you are planning to adopt an adult, confirm with the Chancery Court clerk or an attorney how residency applies.

Other requirements to plan around

Residency is only one piece of a stepparent adoption. Others include:

• Child's consent: A child who is 14 or older must give consent under Miss. Code § 93-17-5.
• Abandonment: If a biological parent's rights are at issue because of abandonment, the period in Mississippi is 12 months under Miss. Code § 93-15-103.
• Home study: Mississippi does not require one for stepparent adoptions, under Miss. Code § 93-17-11.
• Timeline: A stepparent adoption in Mississippi typically takes about 3-6 months.
• Court costs: Filing fees generally run $150-$300, and the total cost of doing the paperwork yourself is typically under $1,000, compared with roughly $3,000-$5,000+ when hiring an attorney.

When to get individual help

If the other biological parent is contesting the adoption, cannot be located, or your residency timing is unclear, those questions depend on the specific facts. Talk to the Chancery Court clerk about procedure or an attorney about your particular case.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Mississippi county. You then file it yourself, without an attorney. The price is $349 for the first child (or for one adult adoptee) and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, backed by our 100% court acceptance guarantee. We have helped 454 Mississippi families, and more than 34,000 families nationally since 2001.